Dignity South Africa has launched a legal challenge in the North Gauteng High Court seeking to overturn laws that criminalise assisted dying, arguing that the common law prohibition is unconstitutional.
Also see: Chidimma Adetshina back in court as deportation case takes a new turn
Organisation hopes to legalise assisted dying
The organisation contends that preventing medical assistance in dying infringes on constitutional rights, including dignity, bodily autonomy, equality and quality of life.
Speaking during an interview with SAfm, Operations Manager Leigh Mienert said the courts had already acknowledged a conflict between the common law and the Constitution.
“We believe that the common law prohibition against medical assistance in dying is actually at odds with our Constitution,” she said, adding that South Africans who choose the option should have access to it.
Mienert said the organisation had spent four years preparing the case and believed it rested on a strong constitutional foundation.
Also see: Mel Viljoen faces backlash after defending Peet ahead of court appearance
Addressing concerns about abuse, she said assisted dying would only apply to patients with an irremediable condition who are experiencing intolerable suffering and are mentally capable of making the decision.
“Multiple doctors must independently assess it. There are numerous safeguards that can be put in place,” she said.
She added that any future legislation should require strict eligibility criteria, be hospital-based and ensure access to palliative care before assisted dying could be considered.
The public’s response
Mienert said public support for the initiative had been encouraging, arguing that while some people may oppose assisted dying on personal or religious grounds, “that’s not a reason to deny it for someone else who really wants it.”
Dignity SA described the court challenge as the next step in advancing constitutional rights, noting that the South African Law Commission examined possible assisted dying models as early as 1998.
Originally published by African Insider.
Also see: Shebeshxt’s 2nd bail appeal heads to High Court
Be the first to know – Join our WhatsApp channel for content worth tapping into. Click here to join!
